Supreme Court strikes down Kerala HC order

Inter-religious relationships are still taboo in India particularly in rural areas

Lisa Bryan
|
10 March, 2018, 01:49

The news about the Supreme Court verdict that restored Hadiya's marriage with Shefin Jahan reached Sainaba when she was attending the seminar "Fascism is anti-women, let's fight it" organised by the NWF here to mark the International Day of Women. The court, which said the marriage was legal, added that a marriage can not be nullified on the basis of habeas corpus.

Justice Chandrachud said that even assuming that Hadiya was to be sent to West Asia to join a terror outfit, the government could always revoke her passport and impose travel curbs. In doing so, it holds the Kerala high court - which had annulled Hadiya's marriage a year ago - guilty of wrongheaded deliberation.

A source from the college shared with DC that she has requested not to have police protection for now.

The High Court's order was later challenged in Supreme Court by Hadiya's husband Shefin Jahan. "I have told everything to the court".

But the bench, which took the NIA probe report into record, added: "We clarify that the investigations in respect of any matter of criminality may continue in accordance with law".

It had also stated that a single-judge bench of the court had, in another case, taken cognisance of the functioning of radical organisations pursuing activities of converting young Hindu women to Islam on the pretext of love. "For instance, there may be the case of a 16-year-old married off to a 75-year-old". Such cases border on trafficking and we may invoke our powers... "Investigation is going on in the case", he said.

India's top court has now set aside the ruling, restoring their marriage. "We have interacted with the girl", Justice Misra said. "There may be several state interests".

Justice Misra said: "Let us assume for a moment that in the extreme event the marriage is a disguise to commit an offence".

Hadiya Jahan, earlier known by her Hindu name Akhila Asokan, has always insisted that she acted out of her own free will.

Additional solicitor-general Maninder Singh offered similar arguments on behalf of the NIA.

Additional Solicitor General (ASG) Maninder Singh presented a confidential report prepared by NIA that revealed there is an organised racket in Kerala to trap vulnerable girls who do not wish to be with parents and later get them married off to Muslim youth linked with terrorist organisations overseas.

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